1995 U.S. Code
Title 7 - AGRICULTURE
CHAPTER 21 - TOBACCO STATISTICS
Sec. 509 - Reporting requirements relating to tobacco

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§509. Reporting requirements relating to tobacco (a) In general

Not later than 60 days after the export of tobacco or a tobacco product not described in subsection (b) of this section, the exporter of such tobacco or tobacco product shall prepare a report containing the records relating to such export and submit such report to the Secretary of Agriculture.

(b) Special rule

Manufacturers of tobacco products shall prepare and maintain records on all finished cigarettes and cigarette ready tobacco. Information contained in such records shall be aggregated on a quarterly basis, certified as accurate by the entity preparing such aggregation, and submitted to the Secretary of Agriculture as provided for in this section. Tobacco manufacturers shall maintain records utilized to prepare the aggregation for a period of 5 years.

(c) Exceptions

The reporting and recordkeeping requirements of this section shall not apply with respect to cigars, cigar tobaccos, pipe tobacco, chewing tobacco in retail packaging, and snuff in retail packaging. In order to qualify for the exception under this subsection, the tobacco must have a certification that its end use is for cigars, cigar tobacco, pipe tobacco, chewing tobacco in retail packaging, or snuff in retail packaging.

(d) Scope

Records maintained under this section shall include the crop year, grade, type, country of origin, poundage, and such other information relating to the tobacco products as the Secretary determines appropriate.

(e) Reports

Records, reports, and aggregations submitted to the Secretary of Agriculture under this section shall be provided by the Secretary to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, in a timely manner.

(f) Penalty

Any exporter who violates the provisions of this section with respect to the provision of false information or the failure to provide required information shall be subject to section 1001 of title 18 for each such violation.

(g) Confidentiality of information

The personally identifiable information contained in reports under this section may be withheld in accordance with section 552(b)(4) of title 5. Any officer or employee of the Department of Agriculture who knowingly discloses confidential information as defined by section 1905 of title 18 shall be subject to section 1905 of title 18. Nothing in this subsection shall be construed to authorize the withholding of information from Congress.

(Pub. L. 98–180, title II, §214, as added Pub. L. 101–624, title XV, §1557, Nov. 28, 1990, 104 Stat. 3699; amended Pub. L. 102–237, title III, §337, Dec. 13, 1991, 105 Stat. 1859.)

Codification

Section was enacted as part of the Tobacco Adjustment Act of 1983, and not as part of act Jan. 14, 1929, ch. 69, which comprises this chapter.

Amendments

1991—Subsecs. (c) to (g). Pub. L. 102–237 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.